Mattise v. Consumers' Ice Manufacturing Co.

The opinion of the court was delivered by

Breaux, J.

The plaintiff sues for the recovery of damages sustained by the death of his son caused by the explosion of a boiler.

The defendant admits that Frederick Mattise, the son of plaintiff, was killed by an explosion of a boiler owned by the company.

The defence is a denial of all liability, and that it, or its employés, were guilty of negligence; and it further alleges that if there was negligence, its employés were the fellow servants of the defendant.

In a supplemental answer, the defendant sets up and avers that plaintiff proposed,'if the…